High CourtsSingle Bench

Bhimsen Das @ Bhima vs State Of Odisha

Orissa High Court · Decided on 14 December 2023 · Citation: (2023) 12 OHC CK 0063

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 302
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 1260 Of 2023
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Judgment

11 paragraphs · 229 words

V. Narasingh, J

1.

Heard learned counsel for the Petitioner and learned counsel for the State.

2.

The Petitioner is an accused in connection with S.T. Case No.05 of 2023, pending before the Court of the learned Addl. Sessions Judge, Champua, arising out of BARIA P.S. CASE NO.97 OF 2022, for alleged commission of offences under Sections-302 of IPC.

3.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. Case is pending in any other Court.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge, Champua by order dated 27.01.2023 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel that the Petitioner is in custody since 21.10.2022 and as charge sheet has already been submitted on 02.12.2022, he may be released on bail.

6.

On consideration of materials on record, this Court is not inclined to entertain the bail application at this stage since two material witnesses, namely, Kumuti Hembram(CSW-10), Sonali Loha(CSW11) have not been examined.

7.

Leave is granted to the Petitioner to renew his prayer after examination of said witnesses and other material witnesses.

8.

Accordingly, the BLAPL stands disposed of.

9.

Urgent certified copy of this order be granted as per the rules.

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